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Az Piano Lady 14

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Az Piano Lady 14 last won the day on December 30 2014

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  1. Well food for thought here. I fought Midland two cases, as most know . Lost the first appealed. Won the appeal. Reversed and remanded back to justice court. For trial 2 the pro tem ah-hem judge allowed the telephonic witness. The ever so popular Emily Walker. I also by accident received from bumbling Bursey's staff the paperwork of another ladys case with the same Emily Walker affadavit and a different bank. I brought up robosigning in my appellate memo to Myra Harris of this same ruling and was told I could not prove that it was robosigning. Yes I am getting to my point and question here. So in my second loss and subsequent second appeal, I hired Skiba to write the 2nd appellant memo because I was fighting my second Midland case (this one in superior court)and could not deal with both. I won the superior case, (thanks to the judge denying the telephonic witness) and denying their MSJ. Skiba who told me he had arguments to get around Parker lost my second appeal with a pathetic memorandum . I was supposed to see it before he submitted it. No dice. Myra Harris was the same commish on both my appeals. So, here is my question for the great minds in here. In light of the new CFPD and what I feel were inconsistant rulings from the same person, Is it possible after a judgment to bring any suit or vacate any judgement. Here is why I ask. After the judgment , Skiba gave me a discount and I filed BK. Not because of the judgement ,but because in the whole process of fighting Midland twice I got a debt forgiveness letter from Chase. Basically releasing the lien on my house by forgiving my Heloc. Called my tax guy and the 1099 money would have me in debt forever. But the big question is ........Do I have any recourse in pursing with the CFPD or atty general, because the trustee took money in chap 7 that they can claim. If I did not lose the second appeal , no one could claim any funds as I had no other creditors, and the money would come back to me. I know this has been long. Thanks
  2. What is stalled out??. If the judge denied the MSJ you would have gotten the motion. Courts routinely deny MTD's. What does the minute entry say??? You should oppose their motion to vacate the minute entry. Would help to know what it is.
  3. Hi Pam, Since you are updating I thought you'd get a kick out of this. Finally done with the court, I get called for jury duty. Out of 70 potential jurors I get picked for a 2 1/2 week trial at the same courthouse . Isn't it ironic , don't you think ? The other thing is that the atty who wrote my second appellate memo(lost to the same commish I won with) just had a major win with a client using a lot of content from my 1st memorandum I wrote, and new help from CFPD. This is heating up with these JDB's. I told my hubby it would be coming but not in time for my case, but intend on still making some waves!!!! Pam
  4. Hi, Atty's typically around the holidays use that to their advantage to get things to you last minute. It may go into the judges box friday but if he has taken that week off he won't see it until after Thanksgiving , Monday the 30th. Also , unfortunately the clerks rarely know much, and will tell untruths. Happened over and over in my case. Get Jams filed and good luck!!
  5. Thank you for your response. My complaint was that the atty did not inform me of the worst case scenario or how this would take place. I offered the trustee 3000.00 , because that is what I put as the value of my items. The atty told me oh , I know the trustee he will take 1000.00. He never mentioned anything about an auction at all. So in hindsight, I did the right thing by offering a reasonable amount. And correct , it is no longer my money. But it only takes a little energy to write letters and to continue to rail against JDB's. To move on, is to give up three years of learning on this site. Thanks again for the response.
  6. Hi, Thought I would update this post to give people some insight into what transpired. In Feb, 2015, after I won my Midland battle, I received a letter from Bank saying my debt was forgiven on my Heloc. As most would think this was awesome, they also said they would 1099 C me. I had just done my taxes and called my advisor and asked him the implications of this. Assuming, my income would be the same I would owe the irs 35,000. Wow. In addition, three months later , I lost my second appeal in my first Midland case. (I won my first appeal), and hired an atty to handle the second one. Yes this is all relevant to the post here. So, after Midland won the appeal they filed to garnish my hubby's wages. I contacted the atty who (tried) to do the appeal and he said he would handle the BK and give me a discount . Basically refunding me all but 100.00 I paid him to write an appellant memorandum. He said we could not file until there was a lien release from the Bank. Finally in summer it appeared on the website. Midland had already garnished wages. After filing BK, they were returned. Here is where my questions come in to play: 1. My atty told me the trustee would settle for 1000.00 for my non-exempt property. 2003 atv and 2007 car. He was supposed to sent an offer to the trustee within a week of the hearing. He did not. The trustee called me and said he would need me to make an offer. I said 1000.00 . He said they would send an appraiser out. He did and called me back and said that he would take no less than 3500.00. I was e-mailing the atty (who you can never get on the phone) and he said he had sent a letter to the trustee to only deal with him. In the mean time , the trustee said make an offer or I will come and get your items for auction. So I offered the amt he said was the least he would accept. My question is should my atty have made a 9019 compromise settlement in my behalf??. Because what happened is I went to the trustee auction and had to bid against phone bidders for my property. Luckily I won the bid, but at a great expense and 5 times more than my atty said I would pay. 2. Can I lodge a complaint against said atty with the bar asso. and BBB for misconduct in my case??? 3. In the lien release from bank, will the money from the trustee sale go to bank and midland or just midland??/ 4. In light of all Midland Fundings problems of late, is there a way to bring the robosigning and the fact I won the appeal the first time to the atty general eyes. I have 6 robosigned affadavits!! Is there a way I can keep them from claiming my money??? Thanks for wading through this!!!
  7. Hi, My pre-trial conference lasted 5 minutes. There will be a representative (who works for many law firms) who will tell you they are authorized to make a settlement with you. I said no , will see you in court. You both go to the clerk and sign you were present. She tried to bully me into a settlement because my husband was not there. I said I was representing us both. There will be no judge in the room.
  8. Hi, The best way to get help is to go to the bottom of the pinned section and answer the questions. If you post on someone else's thread it's hard to help you . And there are people to help in the medical field. Good luck
  9. I would have a winning MOSJ prepared. I would send it before you said you will. I would take no chances You still have to file it with the court and send CMRRR.
  10. Never thought I would be happy to file BK but it wipes out the Midland judgment and also the case i did win so they can't come after me again. SOL won't expire for 16 months due to the litigation. So that's included as well as the Heloc debt. In my brave new world no credit allowed!!!!
  11. I cannot believe how much paperwork there is . I had not seen my life insurance policies in 13 years. I told my hubby after getting and finding all this paperwork we are ready to make a will!!!!! This on the plus side
  12. Hi, For what it is worth to you, Harry , Goody and I have been studying and fighting for three years. If I had a message for myself three years ago it would be to elect arbitration. I also had the same agreement as you and because NAF was defunct I was told AAA was creditor friendly. So since I did not have the JAMS option I decided to go to trial. Looking back I would have elected arbitration. And so would have hot in az. So to save you gobs of time and worry either settle the first one and elect arb on the second, or if you can arb both. Good luck.
  13. How are they suing you for two different cards at the same time?? Were you served once or twice on these? And in your #9 you said they have sent you discovery? They don't have to have a signed agreement. The mediation is where they will try to get you to settle for a lesser amt , or make pmts forever . Yes they always have two affadavits. One in the complaint and another one later usually in the MSJ. The amts in your case should be taken to arbitration if you want this gone. Find out online if chase cc agreement in 2010 has an arb clause.
  14. I have fought two lawsuits with JDB's over the last 3 years. I did not elect arbitration because was told that JAMs was the only way to go . And my agreement did not call for that. Looking back, I should have elected arb no matter what. There are two choices here. Wait for the pre-trial conference where some person who represents many law firms will say they can offer you a settlement or payments. Unless you are willing to make a lump sum dont enter into a pmt agreement. Bursey and Midland lie!! And second as Harry said file arbitration. For your amt that is what I would do.
  15. Had an appt with the atty. I do qualify for 7 and can attach the Midland judgment and also the tax liability from the 1009c.
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